WHD - Wage and Hour Division
02/01/2023 | Press release | Distributed by Public on 02/01/2023 10:47
US Labor Department recovers $203K in back wages for 14 employees of Denver-area contractor, bars employer from H-2B worker program
DENVER - The U.S. Department of Labor has recovered $203,332 in back wages after an investigation found a Denver landscaping company owned by a father and son - Fermin and Roberto Daniel Guardado - denied overtime wages to 14 workers, and failed to keep complete records as the law requires.
The department also barred the company from hiring H-2B workers for five years for its violations of the H-2B worker program.
Investigations by the department's Wage and Hour Division determined Grandview Landscaping Inc. underpaid 14 workers, 10 of whom had H-2B worker visas for landscaping. The employer made illegal deductions from the workers' wages for transportation to and from their native countries and illegally employed some workers in construction to remodel Roberto Daniel Guardado's home. The division also learned the employer intimidated and coerced employees to give false statements to federal investigators.
In addition to the back wages, the division assessed $111,609 in civil money penalties for the nature of the violations.
"H-2B workers can be especially vulnerable to wage shortages and other violations of their rights," explained Wage and Hour District Director Chad Frasier in Denver. Employers who use H-2B program workers must comply with its regulations, or face potentially being barred from the program for not following the rules. The H-2B program has certain recruitment and displacement standards to protect similarly employed U.S. workers."
Based in Denver, Grandview Landscaping Inc. offers tree and lawn care, irrigation, fencing and brick and stone contracting services to residential and commercial customers.
Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages. Workers can call the Wage and Hour Division confidentially with questions and the department can speak with callers in more than 200 languages.
Download the agency's new Timesheet App for Android devicesto ensure hours and pay are accurate.